Crowe

The plaintiff was the owner of a lease on real property for a two-year term expiring on the sixteenth day of December, 1920, with the option to continue in possession for an additional two years; all at the monthly rental of $35. On the sixteenth day of April, 1920, plaintiff assigned this lease to the defendants. At the same time an agreement in writing was made between the assignor and the assignees, which recited that the sum of $1,000 has been paid for the assignment, and stated “that the $600 balance due for the assignment of lease, shall be paid to E. R. Smith, on or before June 1, 1920, provided he vacates the premises by that date.” This action to recover said sum of $600 was commenced on the fifteenth day of July, 1920. After trial of the action, judgment was entered in favor of the defendants. The plaintiff appeals from that judgment.

It is to be inferred from the written agreement, and the fact is not disputed, that the total purchase price for the assignment of lease was $1,600. It was found by the court that the defendants agreed to pay said price and that the balance of $600 was to be paid as stated in said writing. The court further found that the plaintiff did not…